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Agenda 04/27/2021 Item #16F 1 (Release of Lien for New Hope Ministries, Inc.)16.F.1 04/27/2021 EXECUTIVE SUMMARY Recommendation to approve a Satisfaction and Release of Lien for New Hope Ministries, Inc., due to the impact fees being paid in full in accordance with the Charitable Organization Impact Fee Deferral Program, as set forth by Section 74-203(I) of the Collier County Code of Laws and Ordinances. OBJECTIVE: That the Board of County Commissioners (Board) approves and authorizes the Chairman to sign a Satisfaction and Release of Lien for New Hope Ministries, Inc. due to the impact fees being paid in full in accordance with the Charitable Organization Impact Fee Deferral Program, as set forth by Section 74-203(I) of the Collier County code of Laws and Ordinances. CONSIDERATIONS: Section 74-203(I) of the Collier County Code of Laws and Ordinances (Code) provides criteria for the deferral of impact fees for charitable organizations and charitable trusts. The program, originally adopted as a waiver program in 2001, provides a 10- year deferral of impact fees for specified, tax exempted, not -for -profit, charitable entities that provide specified services of substantial benefit to low income residents of Collier County. Religiously affiliated organizations are authorized to participate, provided that the services are provided in a non-discriminatory manner. Further, deferrals are available only to entities that solely provide services to citizens of the United States or legal aliens that permanently reside in the United States. On March 8, 2011, an Agreement for Deferral of Collier County Impact Fees in the amount of $100,000.00 was executed between Collier County and New Hope Ministries, Inc. for a 10-year period. The deferred impact fees became a lien on the property and the agreement accepted by the County in lieu of payment of the impact fees that would otherwise then be due and payable but for the agreement. On March 9, 2021, the impact fees were paid in full, in the amount of $100,000.00. In accordance with Section 74-203(I) of the Code, staff and the County Attorney have prepared a Release of Lien for approval by the Board and signature by the Chairman. The document will be recorded in the public records of Collier County. The following table sets forth the lien to be released: Name Property Payoff Amount Official Record New Hope Ministries, Inc. 7675 Davis Blvd Naples, FL 34104 $100,000.00 Lien: OR Book 4661 PG 208 FISCAL IMPACT: Impact Fees have been paid and deposited in the respective Impact Fee Trust Funds in the following amounts: Packet Pg. 1349 16.F.1 04/27/2021 Impact Fee Amount Paid EMS $796.71 Government Buildings $4,658.39 Jail $1,478.55 Road (District 2) $92,319.89 Law Enforcement $746.46 TOTAL $100,000.00 Upon payment, such funds became available to provide funding for growth -related capital improvements. GROWTH MANAGEMENT IMPACT: Objective 2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP) states: "Future development will bear a proportionate cost of facility improvements necessitated by growth." Impact Fees generate funds to be expended for capital improvements to public facilities necessitated by growth. The deferral of impact fees for the subject property for the initial 10- year term (or other specified term) was consistent with the Growth Management Plan and the impact fee regulations in place at the time of execution of the Agreement. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority support for approval. - JAB RECOMMENDATION: To approve and authorize the Chairman to sign a satisfaction and release of lien for an impact fee deferral which full payment of Collier County impact fees has been received. Prepared By: Brandi Pollard, Impact Fee Coordinator, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. Lien Release (PDF) 2. Deferral Agreement (PDF) Packet Pg. 1350 16.F.1 04/27/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.17.1 Doe ID: 15530 Item Summary: Recommendation to approve a Satisfaction and Release of Lien for New Hope Ministries, Inc., due to the impact fees being paid in full in accordance with the Charitable Organization Impact Fee Deferral Program, as set forth by Section 74-203(1) of the Collier County Code of Laws and Ordinances. Meeting Date: 04/27/2021 Prepared by: Title: Senior Grants and Housing Coordinator — Capital Project Planning, Impact Fees, and Program Management Name: Gino Santabarbara 04/07/2021 11:00 AM Submitted by: Title: Division Director - IF, CPP & PM — Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 04/07/2021 11:00 AM Approved By: Review: Growth Management Department Gino Santabarbara Level 1 Reviewer Capital Project Planning, Impact Fees, and Program Management Amy Patterson Growth Management Department Gino Santabarbara Department Head Review County Attorney's Office Jennifer Belpedio Additional Reviewer Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Susan Usher Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Skipped 04/07/2021 11:00 AM Additional Reviewer Completed Skipped 04/07/2021 11:00 AM Completed 04/14/2021 2:36 PM Completed 04/14/2021 2:41 PM Completed 04/15/2021 3:09 PM Completed 04/19/2021 12:07 PM Completed 04/19/2021 3:55 PM 04/27/2021 9:00 AM Packet Pg. 1351 This instrument prepared by: Brandi Pollard Collier County Growth Management Division 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 (239)252-6237 SATISFACTION AND RELEASE OF LIEN KNOWN ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 East Tamiami Trail, Naples, Florida, 34112, hereby acknowledges receipt of the full, complete and final payment for all sums due and satisfaction of all conditions under that certain Agreement for Deferral of Collier County Impact Fees executed March 81h, 2011 by New Hope Ministries, Incorporated to Collier County, recorded on March 141h, 2011 in Official Records Book 4661, Page 208 of the Public Records of Collier County, Florida. The Agreement for Deferral of Collier County Impact Fees was recorded and set forth above and imposed a lien in the amount of $100,000.00 and certain obligations on the owner of the property described therein. The Clerk of the Circuit Court is hereby directed to record this Satisfaction and Release in the Official Records of Collier County, Florida to acknowledge that the Agreement for Deferral of Collier County Impact Fees and the lien created thereby are satisfied, released and cancelled. ATTEST: CRYSTAL K. KINZEL, Clerk Deputy Clerk Approved as to form and legality Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 01 yes Penny Taylor, Chairman Packet Pg. 1352 16.F.1.b ZNSTR 4535719 OR 4661 PG 208 RECORDED 3/14/2011 3:48 PM PAGES 6 IGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $52.50 Prepared by: Jeffrey A. Klatzkow Collier County Att'y. 3301 Tamiami Trail East Naples, FL 34112 This space for recording AGREEMENT FOR DEFERRAL OF COLLIER COUNTY IMPACT FEES CHARITABLE ORGANIZATION IMPACT FEE DEFERRAL PROGRAM This Agreement for the Deferral of Impact Fees is entered into this 84 day of M Q reh , 2011, by and be v aCi-�a political subdivision of the State of Florida, through its Board of New Hope Ministries, Incl referred to as the "Parties." n WHEREAS, See. 74 amended, provides for defe charitable trusts (hereinafter v Program'); and of the Collier impact fees ti J"s_!�e _. h F-r referred to as "County," and Entity," collectively ited Impact Fee Ordinance, as charitable organizations and Impact Fee Deferral WHEREAS, Charitable Entity has applied for a deferral of $100,000 in impact fees as authorized by the Charitable Organization Impact Fee Deferral Program. A copy of this request is on file in the Impact Fee Administrator's office; and WHEREAS, the County Manager, or his designee, has reviewed the Charitable Entity's request and has found that it complies with the requirements for deferral of impact fees as outlined in the Charitable Organization impact Fee Deferral Program; and WHEREAS, by signing this Agreement, the County hereby approves a deferral of impact fees subject to the conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties covenant and agree as follows: Page 1 Packet Pg. 1353 4R 4661 PG 204 16.F.1.b 1, The foregoing Recitals are true and correct and are incorporated by reference herein, 2. The address and legal description of the property which is the subject of this impact fee deferral (hereinafter referred to as the "Subject Property") is attached as Exhibit "A." 3. The County hereby defers the sum of $100,000 in impact fees, which Charitable Entity acknowledges would be otherwise due and owing. These deferred impact fees are itemized in Exhibit "B." 4. These impact fees will be deferred for a period of ten years from the date of this agreement, so long as the Charitable Entity the Subject Premises in the manner set forth in the request. Should this statedhatsoever, or should the Charitable Entity lose its status which qu i t for eligibility un Charitable Organization Impact Fee Deferral Program, then s d fe err , and a ferred impact fees will be due and owing. Charitable Enti s 3 ys f written request with proof of its continued eligible st , o r qu�t, ai in ty a terminate this deferral. 5, This Agreement i ,? not be assigned or otherwise consent may be freely withheld. to the eato anyone mtnou4 as such, this Agreement may s prior written consent, which 6. This Agreement and the de - will constitute a lien on the Subject Property, which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement 7. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: Page 2 a Packet Pg. 1354 AR 4661 PG 210 16.F.1.b To County: Collier County Growth Management Division 2800 North Horseshoe Drive Naples, Florida 34104 Attn: Amy Patterson To Charitable Entity: New Hope Ministries, Incorporated 7675 Davis Blvd. Naples, Florida 34104 Attn: Church Administrator Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 8. This Agreement shall be r ounty in the Official Records of Collier County, Florida, within fourteen er enters into this Agreement The County shall provide a copy 9. In the event o a County's then -current Alte this procedure, either party enforce the terms of this Al s document to ' ita le Entity upon request. ie his A reeme t, a parties shall first use the le n o u e. Following the conclusion of ief i it Court of Collier County to which shall be s o] or any such disputes. P E INTENTIOFT BLANK 27�a Page 3 Q Packet Pg. 1355 OR 4661 PG 211 16.F.1.b IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: ,:.: BOARD OF COUNTY COMMISSIONERS DWIGITF V.-w 6k4krk COLLIER COUNTY, FLORIDA 4 1� Efil WITNESSES:s t Print Name: m A Print Name: Dy: �i' ' W FRED W. COYLE, CHAIRMAN STATE OF FLORIDA COUNTY OF COLLIER 0 TFt CV The foregoing instrument was, ged before me this — , day of �0 Y, 2011, by e % ,,�,n-%'w-�O'l as 1�of New Hope Ministries, Incorporated, who is personally know } to me or has produced as identification. WITNESS my hand and official seal this '3'4' day of Aa. , 2011. - fol A NoUry Public NOTARrM OR EMSRRfi3 OD6575642.2An" Aux cu 1..�4A%c� T . —[o rreS Printed Name V SD b575 �-q ,hq t a2 L2i it Commission No. Expiration Date Page 4 Packet Pg. 1356 AR 4661. PG 212 16.F.1.b EXHIBIT "A" LEGAL DESCRIPTION OF CHARITABLE ENTITY ADDRESS The East one-half (112) of the West one-half (1/2) of the Southeast one quarter (1/4) of the Southwest one -quarter (1/4) of Section 4, Township 50 South, Range 25 East, less the South 75 feet for purposes of mad right-of-way. Page 5 Packet Pg. 1357 f** OR.4661 PG 213 *** 16.F.1.b Type of Impact Fee EXHIBIT "B" DEFERRED IMPACT FEE BREAKDOWN Amount Owed A. Correctional Facilities $ 1,478.55 B. EMS Impact Fee $ 796.71 C. General Government Building Impact Fee $ 4,658.39 D. Law Enforcement I E. Road Impact Fee TOTAL DEFERRED Page 6 Packet Pg. 1358